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Judiciary

Reopening u/s. 148 justified as full material was not available with AO at time of assessment: Delhi HC

October 5, 2024 585 Views 0 comment Print

The petitioner has filed the present petition impugning a notice dated 27.03.2018 issued under Section 148 of the Income Tax Act, 1961 for reopening the petitioner’s assessment for the Assessment Year 2011-12.

Depreciation can set off against business income and not against income from any other sources: Kerala HC

October 5, 2024 987 Views 1 comment Print

Kerala High Court held that depreciation allowance is deemed to be business loss for section 71 and 72 and can be set off only against profits or gains of business and not against income from any other sources.

GST on Annuity Payments in Hybrid Annuity Projects & ITC Accumulation

October 5, 2024 1899 Views 0 comment Print

Andhra Pradesh High Court clarifies GST liability on annuity payments under the Hybrid Annuity Model, following CBIC circular on time of supply for National Highway projects.

Aluminium Foil Container Falls under CTH 7615; GST at 12%: Madras HC

October 5, 2024 750 Views 0 comment Print

Madras High Court rules aluminium foil containers fall under Chapter 7615 with 12% GST. This decision overturns prior 18% GST classification.

Sec. 263 Cannot Be Invoked When AO Follows One of Two Possible Views: Chhattisgarh HC

October 4, 2024 1821 Views 0 comment Print

Chhattisgarh High Court reiterated that if the AO’s view is legally permissible, even if it results in a lower tax liability, the revisional authority cannot invoke Section 263 simply because it disagrees with the AO’s approach.

CGST Dept Can’t Institute Legal Proceedings on NCLT Liquidated Corporate Debtor’s Property: HP HC

October 4, 2024 834 Views 0 comment Print

Assessee-company was engaged in the business of manufacturing and trading of Inverters & Batteries and had its factory premises in Himachal Pradesh. For running its operations, it had availed various facilities from financial creditors and also with SBI.

Mere Entering into Development Agreement doesn’t Allow Section 45(2) Invocation: ITAT Jaipur

October 4, 2024 1206 Views 0 comment Print

ITAT Jaipur held that mere entering into the Development Agreement would not permit invocation of section 45(2) of the Income Tax Act. There is no positive act which indicates that the assessee has treated capital asset as stock-in-trade.

Addition of non-genuine labour charges unjustified as genuineness proved: ITAT Mumbai

October 4, 2024 906 Views 0 comment Print

During the course of search/survey operations, it was noticed that the assessee has paid labour charges to three concerns. Post investigation, AO came to the conclusion that the labour charges paid to the concerns were also not genuine.

Rejection of Exemption U/S 11 Unjustified as Form 10B Filed but Not Visible on E-Filing Portal

October 4, 2024 930 Views 0 comment Print

ITAT Bangalore held that rejection of exemption u/s. 11 of the Income Tax Act due to non-appearance of form 10B in e-filing portal unjustified as form was already filed but was not appearing in e-filing portal. Matter remanded for fresh consideration.

Approval granted u/s. 153D in mechanical manner is bad-in-law: ITAT Bangalore

October 4, 2024 1152 Views 0 comment Print

ITAT Bangalore held that approval given under section 153D of the Income Tax Act at the fag end of assessment in a mechanical manner and without application of mind is invalid and bad in law.

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